DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the plurality of riser segments (claims 2-3), first and second tankless gravity flush toilets and first and second water laterals (claim 4), third tankless gravity flush toilet, internal P-trap (claim 7), sewer system and waste collection container (claim 8), building construction site, water riser extension segment, waste riser stack extension segment (claim 9), third waste lateral (claim 10) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: toilet drain 213 (spec. pg. 2, line 30).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 246 (figure 3).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claims 1-11 are objected to because of the following informalities:
In claim 1, the limitation, “a water lateral” is unclear as to how it is connected to both the supply riser and the sanitary riser. Clarification is requested.
In claim 5, line 1, “wherein a in elevation” is unclear. Furthermore, the recitation, “the first waste lateral to the sanitary riser stack and a connection of the second waste lateral” is unclear since an additional waste lateral has not been positively claimed (see (6a) and drawing objection above).
In claims 8-11. “A method of providing for sanitary waste removal, the method comprising” should read -- A method of providing for sanitary waste removal, the method comprising the steps of: --. Since claims 2-4, 6-7 are in the chain of dependency to claim 1 and 8, they too are subjected to the same objection.
Appropriate correction is required for all objections.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2,552,546 to Fergusson in view of US Patent 9,027,584 B2 to Wilson.
Re. claim 1, Fergusson discloses a temporary sanitary waste removal system, comprising a flush toilet (Fig. 1) including a toilet drain (28); a water supply riser (22a) with a water lateral (toilet/riser connector) in fluid connection with both the water supply riser and the gravity flush toilet; and a sanitary riser stack (19) with a waste lateral (33, 33a, 34) in fluid connection at an inlet end with the toilet drain and at an outlet end with the sanitary riser stack. Fergusson is silent regarding a tankless gravity flush toilet. However, Wilson teaches a tankless gravity flush toilet (Fig. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flush toilet of Fergusson to include the tankless flush valve system of Wilson, in order to eliminate a storage tank and reduce the spatial footprint.
FERGUSSON/WILSON:
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500
320
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232
388
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Re. claim 2, Fergusson further discloses the water supply riser comprises a plurality of riser segments (21-22; fig. 6) in fluid connection.
Re. claim 3, Fergusson further discloses the sanitary riser stack comprises a plurality of riser segments (33a, 33,33b,34; fig 4) in fluid connection.
Re. claim 7, Fergusson discloses a temporary sanitary waste removal system, comprising a flush toilet (Fig. 1) including a toilet drain (28). Fergusson is silent regarding a tankless gravity flush toilet without an internal P-trap. However, Wilson teaches a tankless gravity flush toilet (Fig. 1-2) without an internal P-trap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the flush toilet of Fergusson to include the tankless gravity flush system without an internal P-trap of Wilson, in order to enhance fluid flow, reduce clogging and reduced maintenance.
Re. claim 8, Fergusson discloses providing a temporary sanitary waste removal system, obtaining a flush toilet (Fig. 1) including a toilet drain (28); providing a water supply riser (22a) with a water lateral (toilet/riser connector) in fluid connection with both the water supply riser and the gravity flush toilet; and providing a sanitary riser stack (19) with a waste lateral (33, 33a, 34) in fluid connection at an inlet end with the toilet drain and at an outlet end with the sanitary riser stack connected to a sewer.
Fergusson is silent regarding a tankless gravity flush toilet. However, Wilson teaches a tankless gravity flush toilet (Fig. 1-2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the tank flush toilet of Fergusson to include the tankless flush valve system of Wilson, in order to eliminate a storage tank and reduce the spatial footprint.
Allowable Subject Matter
Claims 4-6 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant’s disclosure.
A shortened statutory period for reply to this action is set to expire THREE (3) MONTHS from the mailing date of this letter. Extensions of time may be granted under 37 CFR 1.136 but in no case can any extension carry the date for reply to this Office action beyond the maximum period of SIX MONTHS set by statute (35 U.S.C. 133).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached on Monday thru Friday: 9 am - 6 pm. Upon filing an amendment, please notify the Examiner to ensure timely processing for review. Providing representative information in an Application Data Sheet (ADS) does not constitute a power of attorney. See 37 CFR 1.76(b)(4) and MPEP § 408. For information on appointing a power of attorney, see MPEP § 402.02 et seq. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached on 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LORI L BAKER/Primary Examiner, Art Unit 3754
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